Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 27 March, 2018
Bench: Arun Mishra, Uday Umesh Lalit
1
ITEM NO.23+24+26 COURT NO.10 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 940/2017
BIKRAM CHATTERJI & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No.135815/2017-I/A U/S 152 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE,
1908 SEEKING CLARIFICATIONS IN RESPECT OF/MODIFICATION OF THE COMMON ORDER DATED
22.11.2017 PASSED BY THIS HON'BLE COURT TO BE LISTED ON 15.12.2017 and IA
No.140265/2017-impleading party and IA No.140269/2017-PERMISSION TO FILE
APPLICATION FOR DIRECTION and IA No.5158/2018-INTERVENTION APPLICATION and IA
No.6603/2018-impleading party and IA No.6608/2018-CLARIFICATION/DIRECTION and IA
No.6855/2018-IA FOR GRANTING PERMISSION TO ACCESS THE PORTAL FACILITY and IA
No.7365/2018-impleading party and IA No.14759/2018-impleading party and IA
No.25020/2018-impleading party and IA No.27653/2018-impleading party)
WITH
W.P.(C) No. 1018/2017 (X)
(FOR ADMISSION and IA No.124191/2017-INTERVENTION APPLICATION and IA
No.124195/2017-CLARIFICATION/DIRECTION and IA No.125372/2017-impleading party and
IA No.126340/2017-impleading party and IA No.7355/2018-CLARIFICATION/DIRECTION
and IA No.19415/2018-impleading party)
W.P.(C) No. 971/2017 (X)
(FOR ADMISSION and IA No.102714/2017-CLARIFICATION/DIRECTION)
W.P.(C) No. 947/2017 (X)
(FOR
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100453/2017 and IA No.6312/2018-
CLARIFICATION/DIRECTION)
W.P.(C) No. 1041/2017 (X)
(FOR ADMISSION and IA No.109963/2017- and IA No.25742/2018-
CLARIFICATION/DIRECTION)
W.P.(C) No. 1144/2017 (X)
(IA
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 124701/2017)
W.P.(C) No. 1116/2017 (X)
(FOR ADMISSION and IA No.6467/2018-impleading party and IA No.16303/2018-
impleading party and IA No.25807/2018-impleading party)
W.P.(C) No. 1156/2017 (X)
(and IA No.7144/2018-impleading party and IA No.26102/2018-impleading party and
IA No.26108/2018-impleading party)
W.P.(C) No. 1206/2017 (X)
(FOR ADMISSION and IA No.135678/2017-APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No. 1242/2017 (X)
(FOR ADMISSION and IA No.25205/2018-impleading party)
W.P.(C) No. 21/2018 (X)
(FOR
Signature ADMISSION)
Not Verified
W.P.(C)
Digitally signed by No. 74/2018 (X)
Date: W.P.(C) No. 91/2018 (X)
NEELAM GULATI
2018.03.28
16:41:57 IST
(IA No.26117/2018-INTERVENTION/IM PLEADMENT and IA No.26540/2018-
Reason:
INTERVENTION/IMPLEADMENT)
W.P.(C) No. 57/2018 (X)
(FOR ADMISSION)
W.P.(C) No. 56/2018 (X)
2
(FOR ADMISSION and IA No.12210/2018-EXEMPTION FROM FILING O.T. and IA
No.26128/2018-impleading party)
W.P.(C) No. 58/2018 (X)
(FOR ADMISSION and IA No.12323/2018-EXEMPTION FROM FILING O.T.and IA
No.26123/2018-impleading party)
W.P.(C) No. 52/2018 (X)
(FOR ADMISSION and IA No.11332/2018-EXEMPTION FROM FILING O.T.
W.P.(C) No. 131/2018 (X)
(IA No.25109/2018-APPLICATION FOR STAY/DIRECTIONS)
W.P.(C) No. 134/2018 (X)
(IA No.27092/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
W.P.(C) No. 160/2018 (X)
W.P.(C) No. 182/2018 (X)
W.P.(C) No. 164/2018 (X)
with
W.P.(C ) No. 246/2018
W.P.(C ) No. 226/2018
Date : 27-03-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. M.L. Lahoty, Adv.
Mr. Paban K. Sharma, Adv.
Mr. Anchit Sripat, Adv.
Ms. Ishita Bisht, Adv.
Mr. Himanshu Shekhar, Adv.
Mr. Jamnesh Kumar, Adv.
Mr. Abhinav Jain, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Jamnesh Kumar, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Ajit Kumar Sinha, Sr.Adv.
Mr. Ashwarya Sinha, AOR
Mr. Shwetabh Sinha, Adv.
Ms. Nitya Ramakrishnan, Adv.
Ms. Priyanka Rao, Adv.
Mr. Shadan Farasat, AOR
Ms. Rudrakshi Deo, Adv.
Ms. Sunena, Adv.
Mr. D.K. Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. Dhananjay Gasrg, Adv.
Mr. Deepak Mishra, Adv.
Mr. Rahul Agarwal, Adv.
Mr. R.P. Bansal, Adv.
Ms. Chandan Ramamurthi, AOR
Mr. R. Sathish, AOR
Mr. Mohan Das K.K.,Adv.
Mr. Rajesh Kumar, Adv.
Ms. S. Geetha, Adv.
3
Ms. Smitha Rani, Adv.
Ms. Sonia Vasudev, Adv.
Mr. Sayaree Basu Mallik, AOR
Mr. Vivek Narayan Sharma, AOR
Mr. Sidharth Mahajan, Adv.
Mr. Ajay Singh, Adv.
Mr. Shubham Awasthi, Adv,.
Mr. Maneesh Pathak, Adv.
Mr. Rajeev Kumar Jha, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Prithvi Pal, AOR
Mr. C.P. Yadav, Adv.
Mr. Rajeev Lochan, Adv.
Mr. Shovan Mishra, AOR
Mr. Raj Kamal, AOR
Mr. BNS Marok, Adv.
Mr. Bhaskar Aditya, Adv.
Ms. Anjana Prakash, Sr. Adv.
Mr. Gopal Jha, AOR
Mr. C.K. Mandal, Adv.
Ms. Anjana Prakash, Sr.Adv.
Mr. Shishir Pinaki, Adv.
Mr. Raj Kamal, Adv.
Mr. Sukant Vikram, Adv.
Mr. C.U. Singh, Sr.Adv.
Mr. M.S. Vishnu Sankar, Adv.
Ms. Athira G. Nair, Adv.
Mr. Sriram P., Adv.
Ms. Usha V. Nandini, Adv.
Mr. C.U. Singh, Sr.Adv.
Mr. J. Mehta, Adv.
Mr. Mukesh Kumar, Adv.
Ms. Divya Roy, Adv.
Mr. Akash Nagar, Adv.
Mr. Siddhartha Jha, Adv.
Mr. Jasbir Singh Nagar, Adv.
Mr. Sinha Shrey, Adv.
Mr. Sumit Sinha, Adv.
Mr. V.N. Sinha, Sr. Adv.
Mr. Sandeep Jha, Adv.
Mr. Ram Ekbal Roy, Adv.
Mr. Prinay Kr. Das, Adv.
Mr. Vijay Kumar, Adv.
Mr. Thomas Oommen, Adv.
Mr. Aniruddha P. Mayee, Adv.
For applicant Mr. Jairaj Mudgal, Adv.
Mr. Riddhi Bose, Adv.
Mr. Raj Kishore Choudhary, Adv.
4
For Respondent(s) Mr. Ranjit Kumar, Sr.Adv.
Mr. Gaurav Bhatia, AOR
Mr. Utkarsh Jaiswal, Adv.
Mr. Abhishek Singh, Adv.
Mr. Anuroop Chakravarti, Adv.
Mr. Ravindra Kumar, AOR
Mr. Achyut Saxena, Adv.
Mr. Ajay Kumar Jain, Adv.
Mr. Rabin Majumder, AOR
Ms. Srishti Kapoor, Adv.
Intervenor Mr. Akhilesh Kumar Pandey, AOR
Mr. Brahma Kumar Pathak, Adv.
Mr. Gaurav Goel, AOR
Mr. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattaacharyya, Adv.
Mr. Manpreet Lamba, Adv.
For M/S. Cyril Amarchand Mangaldas Aor, AOR
Mr. Ashwarya Sinha, AOR
Mr. P. Dobhal, Adv.
Ms. Saloni Tangri Jawa, Adv.
Mr. V. Giri, Sr. Adv.
Mr. Kunal Mimani, Adv.
Mr. Dheeraj Nair, Adv.
Mr. P.B .A. Srinivasan, Adv.
Mr. Amand Gupta, Adv.
Ms. Vidhi Gupta, Adv.
Ms. P. Tondon, Adv.
Impleading party Mr. Vishnu Sharma, AOR
Ms. Anupama Sharma, Adv.
Ms. Sonali Negi. Adv.
Ms. Goutami Budhapriya, Adv.
Mr. Gourab Banerji, Sr.Adv.
Mr. Manmeet Singh, Adv.
Mr. S.S. Ray, Adv.
Ms. Rakhi Ray, AOR
Mr. Anshul Tyagi, Adv.
Mr. Prithvi Sidhu, Adv.
Ms. Saloni Sharma, Adv.
Mr. Anuragh Robin Frey, Adv.
Ms. Geetanjali Shani, Adv.
Mr. Sahil Tagotra, Adv.
Ms. Rekha Chatterjee, Adv.
Ms. Subhro Mukjherjee, Adv.
Mr. P.S. Narasimha, ASG
Mr. Vikramjeet Banerjee, Sr.Adv.
Ms. V. Mohana, Sr. Adv.
Mr. S.S. Shamsherry, Adv.
Mr. Mukul Singh, Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. Ranjit Kumar, Sr.Adv.
5
Mr. Gaurav Bhatia, AOR
Mr. Utkarsh Jaiswal, Adv.
Mr. Abhishek Singh, Adv.
Mr. Anuroop Chakravarti, Adv.
Mrs. Anil Katiyar, AOR
Mr. Subodh K. Pathak, Adv.
Ms. Prinita Shekhar, Av.
Mr. Pawan K. Sharma, Adv.
Mr. Shashi Ranjan, Adv.
Mr. Dharmendra Kumar Sinha, AOR
Mr. Anoop Prakash Awasthi, Adv.
Mr. Sukant Vikram,Adv.
Mr. A. Ankit., Adv.
Mr. Apurv Chandola, Adv.
Mr. Anshumaan Sahni, Adv.
Mr. Sumant Batra, Adv.
Ms. Honey Satpal, Adv.
Mr. Rajesh Kumar Gupta, Adv.
Mr. Ranjit Kumar, Sr.Adv.
Mr. Alok K. Agarwal, Adv.
Mr.Dhruv Gandhi, Adv,
Ms. Rati Tandan, Adv.
Mr. Gaurav Goal, Adv.
Mr. Alok Kumar, Adv.
Mr. Somya Yadav, Adv.
Mr. Siddhant Tripathi,Adv.
Mr. Kumar Mihir, Adv.
UPON hearing the counsel the Court made the following
O R D E R
All the Impleadment applications are allowed to the extent of intervention only.
W.P. No. 245/2018 and D. No. 11200 of 2018 be tagged with the instant matters.
Heard learned counsel for the parties and perused 6 the note that has been submitted by Sh. M.L. Lahoti, learned counsel, pursuant to the direction of this court dated 15th March, 2018. Schedule of Joint Site Inspection has been submitted. It appears that 14 projects have been inspected. No inspection could take place with respect to two projects. The categorisation has been made in the note with respect to Projects in three categories, namely:
A. Projects where possession (partial) though given but various deficiencies exist.
B. Projects where some of the Towers are at advanced stage of construction and can be handed over possession shortly. C. Projects at nascent stage of construction.
Details have been given of deficiencies of the projects where possession (partial) has been given but various deficiencies exist (Category ‘A’). Deficiencies have also been pointed out in detail as against each and every building, they are:7
A. Projects where possession (partial) though given but various deficiencies exist.
Sl. Project Name Total Possession Possession Deficiencies Amount required
No Tower & given to yet to be
Units units given
1. Amrapali Sapphire 11 Towers 950 Units 80 Units 1. Firefighting system is incomplete and not operational. Approximately Rs.
– I, Sector 45, & 2. Lifts- In Towers L, H, C, G, E & K, total lifts required are 10 crores.
Noida 1,030 (according to 18, whereas, only 12 lifts are installed as of now,
Units builder
remaining 6 lifts (one in each tower) are yet to be (W.P. No. 182 of possession is 2018) given to 1000 installed. Further, there is no Safety Certificate for lifts.
units, though 3. Drinking water supply is not installed. this 4. Sewage Treatment Plant/Connection is incomplete and information is not operational.
not available 5. Expansion Joints between adjoining towers have not with been given necessary treatment which is causing heavy Apartment seepage and damaging the structure.
Owner’s Association) 6. Service shafts of power supply panel rooms have not been given necessary treatment which is causing heavy seepage and affecting the strength of shaft structures.
7. Insufficient power backup. Current- 2000 KVA, required- 4000KVA
8. Neither Completion Certificate nor Occupation Certificate have been applied for.
2. Amrapali Zodiac, 22 Towers 1650 Units 567 Units 1. Firefighting system – Except for Towers G, H, S & T Approximately Sector 120, Noida & 2217 firefighting system in all Towers is incomplete and not Rs. 80 Crores.
Units (Tower Q & R operational.
(W.P. No. 245 of comprising of
2. Sewage Treatment Plant is incomplete and not 2018) total 182 Units are not operational.
ready and no 3. Eletrical Substation- 1 substation is yet to be installed. possession is 4. Electrical rising main & meter board – Incomplete in given) Towers A, B, C, Q, R & W.
5. Water Treatment Plant & Domestic Pump is not operational.
8
6. Parking is not allotted to the Homebuyers.
7. Lifts are to be installed. Required- 51 Lifts but only 36 Lifts are installed and 15 Lifts are yet to be installed.
8. External Painting & Corridor work is incomplete.
9. Second Gate of project is not operational.
10. No drainage system in corridors.
11. Neither Completion Certificate nor Occupation Certificate has been applied for.
3. Amrapali Eden 4 Towers & All Units Nil 1. Firefighting System – Installed but not operational. Approximately Rs. 7 Park, 316 Units Crores.
Sector 50, Noida 2. Lifts – No license obtained. (W.P. No. 21 of 2018) 3. Water Treatment Plant – Installed capacity is 10,000 cm whereas, required capacity is 40,000 cm.
4. Electricity – Only 1 out of 2 transformers is installed. 2 Standby generators are installed out of which only 1 is functional.
5. Water bills overdue amounting to Rs. 39.87 Lakhs.
6. CCTV – 17 out of 24 are functional.
7. Civil structure work is incomplete.
8. Neither Completion Certificate nor Occupation Certificate has been applied for.
9. Swimming pool is to be repaired.
4. Amrapali Silicon 21 Towers 1840 Units 375 Units 1. Firefighting system is not operational. Fire tender Rs. 150 Crores City – I, Sector 76, & 2464 & passage near Tower A is not available. (approximately) Noida. Units 250 Units 9 given 2. Lifts – Only 31 lifts out of 57 lifts are installed. 26 Lifts (W.P. No. 1041 of possession on are yet to be installed.
2017) Credit Note still need to 3. Electricity- Insufficient electricity load of 2700 kw for be handed entire project. Electrical safety equipments have not over been completed.
4. Basement parking is incomplete.
5. No provision of permanent water supply. Pressure pumps are not installed. 2 Water Treatment Plants are installed but not functional
6. Sewage Treatment Plants- Out of 2 STP’s one is not constructed and other is not functional.
7. Club between Tower O and Tower B1 is yet to be constructed.
8. Surveillance system through CCTV and control room is not in place.
9. Eastern boundary wall is not constructed and Gate No. 3, 4 and 5 are yet to be completed.
10. Neither Completion Certificate nor Occupation Certificate has been applied for.
5. Amrapali Silicon 6 Towers & No Units 871 Units 1. Civil work such as brick work, internal and external City – II, Sector 871 Units plaster, etc., needs to be completed. 76, Noida
2. Neither Completion Certificate nor Occupation (W.P. No. 942 of Certificate have been required from NOIDA. 2017)
3. Community Centre/ Club is to be constructed.
4. 2 Passenger lifts & 1 service lift are to be installed in each tower.
10
5. Sewage Treatment Plant is yet to be constructed.
6. Boundary wall of entire project is to be constructed.
7. Water Treatment Plant and over head water tanks are to installed.
8. Electrical substation and DG sets, common area lighting and wiring are to be completed.
9. Surveillance system through CCTV and control room is to be installed.
10. Basement parking is to be constructed.
11. Modifications in the project has been done without the consent of homebuyers on the basis layout drawing in 2012 which was different from original drawing approved in 2010.
Certain projects which have been placed in Category ‘B’ where some of the towers are at advanced stage of construction and can be handed over possession shortly, they are as under: 11
B. Projects where some of the Towers are at advanced stage of construction and can be handed over possession shortly Sl. Project Name Total Tower-wise construction Approximate Total amount Total amount Amount No. Tower & status time collected spent required Units
6. Amrapali Golf 42 Towers a. 5 Towers – B1 to B5 Possession of Rs. 962 Crores Rs. 622 Crores Rs. 300 Crores Homes, & consisting of 588 Units, are at 588 Units in (approximately) (approximately) (approximately) Greater Noida 4,210 advanced stage. Towers B1 to B5 Units can be handed (W.P. No. 1116 of b. Joint Site Inspection was over in 9 to 12 2017) carried out for only 15 Towers Months (K1, K2, K3, K4, K5, K6, K7, K8, K9, L1, L2, L3, L4, L5 & L8) which were missing in the Chart submitted by Amrapali before this Hon’ble Court.
- Tower L8 structure is
complete.
- Towers K1, K2, K3, K4, K5,
K6, K7, K8, K9, L1, L2, L3, L4,
L5 structure is 86 to 98%
complete.
- All other work such as brick
work, internal & external
plaster, etc., are yet to be
completed.
12
7. Amrapali Centurian 34 Towers a. Low Rise Towers C, D & E a. Possession of Rs. 1,197.2 Crores Rs. 732 Crores Rs. 493 Crores
Park, Greater & consisting of 600 Units are at Towers C, D & E (approximately) (approximately) (approximately)
Noida 6,210 advanced stage of construction can be handed
Units with 76 to 83% work over in 3 to 6 Note:
(W.P. No. 940 of completed (without common Months. Total amount to
2017) area. be collected from
Homebuyers for
Possession can Sold Units is
b. Towers F1 to F8 & F15 to F be given in 9 to Approximately
18 – 55 to 63% work is 12 Months Rs. 373.7 Crores
complete (without common
area).
Possession can
c. Towers A1 to A5 - 40 to 53% be given in 12
work is complete (without to 15 Months
common area).
Possession can
d. Towers B1 to B9 – 27 to be given in 15
52% work is complete (without to 18 Months
common area).
Possession can
e. Towers F9 to F12A – only 1 be given in 22
to 9% work is complete to 24 Months
(without common area).
8. Amrapali Dream 52 Towers a. 12 Towers (A1, A2, A3, A4, Possession can Rs. 1,439.34 Crores Rs. 877 Crores Rs. 1,165
Valley, Greater & 9,186 A5, A6, A7 C6, C7, C8, C9 & be given in 10 (approximately) (approximately) Crores
Noida Units C10) consisting of 2166 Units to 12 Months (approximately)
(Unsold Units – 75) are at
(W.P. No. 1018 of advanced stage:
2017) - Structure is complete for all
Towers excluding Tower A6 &
A7.
- Other civil work is partially
done in Towers C6-C10.
-In Towers A1 to A7 only
exterior pre casting is
complete.
13
b. In Towers B1 to B6, C1, C2, Possession can
C3, C5, C11, C12, E2, E4, F1, be given in 18
F2, F3, F6, F8, F9 & F10, to 20 Months
structure is completed up to 7th
Floor to 14th Floor out of Total
26 Floors.
c. In Towers C4, D1, D2, E1, E3, Possession can
E5 to E8, F4, F5, F7, F11 & F12, be given in 28
structure is at a very lower to 30 Months
stage and is completed up to
1st Floor to 6th Floor out of Total
26 Floors.
d. In Towers H1 to H5 no work Possession can
has started as of now. be given in 34
to 36 Months
9. Leisure Park, 22 Towers 19 Towers (A1 to A6, B1 to B5, Possession of Rs. 400 Crores Rs. 280 Crores Rs.150 Crores
Greater Noida & E1 to E4 & F1 to F4) consisting Units in Towers (approximately) (approximately) (approximately)
2,076 of 1,565 Units are at E1, E2, F1 & F2
(W.P. No. 08 of Units advanced stage of construction can be handed
2018) out of which Towers E1, E2, F1 over in 3 to 6
& F2 are at almost completion Months.
stage.
Remaining 15
Towers can be
handed over in
12 Months.
14
And the certain projects which have been placed in
Category ‘C’ where Projects are at nascent stage of
construction, which are as follows:
1. Amrapali River View, Greater Noida
2. Amrapali Princely Estate, Sector 76, Noida
3. Amrapali Leisure Valley (Verona Heights), Greater Noida
4. Amrapali Tech Park, Greater Noida
5. Amrapali Silicon City Phase III (Crystal Homes), Sector 76, Noida
6. Amrapali Platinum, Sector 119, Noida It is stated at Bar that there are certain other projects which could not be included for one reason or the other in the said note. We request the learned counsel appearing for the parties to submit details of M/s. Amrapali group to Mr. Gaurav Bhatia, Advocate. It is undertaken by Mr. Ranjeet Kumar, learned senior counsel appearing for Amrapali Group that they are going to convene joint meeting of officers of NOIDA/Greater NOIDA authorities and the buyers/representatives and other interested stakeholders and submit their opinion on the note submitted by Mr. M.L. Lahoti, learned counsel today in this Court and other left out projects.
We direct the concerned officers of the Noida and Greater Noida Authorities also to submit in details the inspection report as to what are deficiencies and the requisites to be completed before issuance of the 15 completion certificate. Let tower wise position be specified by the Noida/Greater NOIDA Authority on the next date. Let a proposal be submitted. Amarpalli builders also to submit their opinion and the money required and how they are going to arrange it and how much work has been completed by now pursuant to the order passed by this court on 15th March, 2018.
Status Report with respect to the Leisure Park be submitted in this Court on the next date of hearing with respect to the time to be consumed for completion of the A & B part as well as what is the proposal contained in the C part of the note submitted by Sh. M.L. Lahoti, today.
It is stated, on being instructed, by Mr. Ranjeet Kumar that Amrapali Builders is ready to undertake completion of Silicon City and Golf Homes.
Let Mr. Maninder Singh, learned senior counsel represented on behalf of Bank of Baroda submit their objections,if any, to the completion of buildings, alongwith details of their charges on the property.
For the time being, we request the Resolution of Professionals of Amrapali Group, not to proceed any further in the matter till further orders. 16 Let detailed note be submitted as directed. Let report be filed on or before 6th April, 2018. No coersive action will be taken by any authority with respect to the buildings where completion is going on under the order passed by this court.
Let meeting be convened on 31st March,2018 at 10.30 A.M. at 15 A Club Noida, as agreed.
List on 10th April, 2018.
(NEELAM GULATI) (JAGDISH CHANDER) COURT MASTER (SH) BRANCH OFFICER